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Inquiry Into the Human Rights of Women and Girls in the Pacific

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Inquiry Into the Human Rights of Women and Girls in the Pacific Inquiry into the human rights of women and girls in the Pacific Joint Standing Committee on Foreign Affairs, Defence and Trade Human Rights Sub-Committee 14 August 2020 Telephone +61 2 6246 3788 • Fax +61 2 6248 0639 Email [email protected] GPO Box 1989, Canberra ACT 2601, DX 5719 Canberra 19 Torrens St Braddon ACT 2612 Law Council of Australia Limited ABN 85 005 260 622 www.lawcouncil.asn.au Table of Contents About the Law Council of Australia ................................................................................3 Acknowledgement ...........................................................................................................4 Executive Summary .........................................................................................................5 Introduction and Background Information .....................................................................7 International human rights framework .............................................................................7 Australia’s aid and development framework ...................................................................8 Civil society groups in the South Pacific context .............................................................9 Responses to the Terms of Reference .........................................................................10 1. The role of civil society groups in advancing the human rights of women and girls in the Pacific and gender equality .................................................................................10 Addressing gender-based violence ...........................................................................10 Combatting Modern Slavery......................................................................................15 Women’s employment and economic participation....................................................16 Empowering women in leadership and decision-making ...........................................18 A gender-sensitive approach to climate change and natural disaster responses .......19 Advancing gender equality in law and practice..........................................................20 Human rights training and public outreach ................................................................22 5. Any related matters ..................................................................................................23 The impacts of COVID-19 .........................................................................................23 Recommendations .........................................................................................................25 Inquiry into the Human Rights of Women and Girls in the Pacific Page 2 About the Law Council of Australia The Law Council of Australia exists to represent the legal profession at the national level, to speak on behalf of its Constituent Bodies on national issues, and to promote the administration of justice, access to justice and general improvement of the law. The Law Council advises governments, courts and federal agencies on ways in which the law and the justice system can be improved for the benefit of the community. The Law Council also represents the Australian legal profession overseas, and maintains close relationships with legal professional bodies throughout the world. The Law Council was established in 1933, and represents 16 Australian State and Territory law societies and bar associations and the Law Firms Australia, which are known collectively as the Council’s Constituent Bodies. The Law Council’s Constituent Bodies are: • Australian Capital Territory Bar Association • Australian Capital Territory Law Society • Bar Association of Queensland Inc • Law Institute of Victoria • Law Society of New South Wales • Law Society of South Australia • Law Society of Tasmania • Law Society Northern Territory • Law Society of Western Australia • New South Wales Bar Association • Northern Territory Bar Association • Queensland Law Society • South Australian Bar Association • Tasmanian Bar • Law Firms Australia • The Victorian Bar Inc • Western Australian Bar Association Through this representation, the Law Council effectively acts on behalf of more than 60,000 lawyers across Australia. The Law Council is governed by a board of 23 Directors – one from each of the constituent bodies and six elected Executive members. The Directors meet quarterly to set objectives, policy and priorities for the Law Council. Between the meetings of Directors, policies and governance responsibility for the Law Council is exercised by the elected Executive members, led by the President who normally serves a 12 month term. The Council’s six Executive members are nominated and elected by the board of Directors. Members of the 2020 Executive as at 1 January 2020 are: • Ms Pauline Wright, President • Dr Jacoba Brasch QC, President-elect • Mr Tass Liveris, Treasurer • Mr Ross Drinnan, Executive Member • Mr Greg McIntyre SC, Executive Member • Ms Caroline Counsel, Executive Member The Secretariat serves the Law Council nationally and is based in Canberra. Inquiry into the Human Rights of Women and Girls in the Pacific Page 3 Acknowledgement The Law Council is grateful to the International Human Rights Committee of its International Law Section, and the Law Society of New South Wales, Queensland Law Society and the Bar Association of Queensland for assisting with the preparation of this submission. Inquiry into the Human Rights of Women and Girls in the Pacific Page 4 Executive Summary 1. The Law Council of Australia (Law Council) appreciates the opportunity to provide a submission to the Joint Standing Committee on Foreign Affairs, Defence and Trade – Human Rights Sub-Committee (the Committee) in relation to its inquiry into the human rights of women and girls in the Pacific (the Inquiry). 2. This submission focuses on the first term of reference (i.e. the role of civil society groups in advancing the human rights of women and girls in the Pacific and gender equality). It also considers the impacts of COVID-19 on gender equality and the human rights of women and girls in the Pacific under the fifth term of reference. 3. The Law Council does not express a view on the contributions of specific figures and groups advancing the human rights of women and girls in the Pacific context, their engagement with Australia’s Pacific Step-Up, nor the effectiveness of Australia’s overseas development assistance programs. This submission does make general comments about activities and initiatives that ought to be supported within Australia’s aid spending in the Pacific. 4. In responding to the Inquiry, the Law Council draws upon several longstanding policy positions, including its Policy Statement on Human Rights and the Legal Profession, as well as its recent submissions to the Australian Border Force (ABF) regarding the Public Consultation Paper on the proposed new National Action Plan to Combat Modern Slavery 2020-24, which it submitted on 21 February 2020,1 and the Department of Foreign Affairs and Trade (DFAT) regarding the Consultation Paper on the proposed new International Strategy on Human Trafficking and Modern Slavery, which it submitted on 11 May 2020.2 5. The Law Council is pleased to make the following recommendations that the Australian Government: i. Provide additional financial and in-kind support to civil society groups who work to prevent and respond to domestic, family and sexual violence in the Pacific, placing particular emphasis on capacity-building work and improving coordination between services. ii. Continue to work in collaboration with Pacific police forces to provide gender- sensitisation training and resources with a view to improving frontline responses to gender-based violence. iii. Direct greater financial and human resource assistance towards strengthening legal institutions in the Pacific and easing strained judicial and legal assistance resources, with a view to improving access to justice to women and girls in the region. iv. Place greater emphasis on the prevention of modern slavery in the Pacific region, including through awareness-raising and access to targeted, gender- sensitive sources of advice and support for victims. 1 Law Council of Australia, Submission to the Human Trafficking and Slavery Branch of the Australian Border Force, Public Consultation Paper on the National Action Plan to Combat Modern Slavery 2020-24 (21 February 2020) <https://www.lawcouncil.asn.au/resources/submissions/national-action-plan-to-combat- modern-slavery-2020-24-public-consultation-paper>. 2 Law Council of Australia, Submission to the Department of Foreign Affairs and Trade, International Strategy on Human Trafficking and Modern Slavery: Consultation Paper (11 May 2020) <https://www.lawcouncil.asn.au/resources/submissions/international-strategy-on-human-trafficking-and- modern-slavery-consultation-paper>. Inquiry into the Human Rights of Women and Girls in the Pacific Page 5 v. Support civil society groups and development assistance programs with the objective of addressing key vulnerability factors driving modern slavery in the Pacific region, and improving awareness of existing laws and obligations regarding modern slavery and human trafficking. vi. Continue to provide financial and in-kind support to evidence-based initiatives with the aim of advancing women’s economic participation in the region, enhance financial literacy and improve awareness of employment rights. vii. Identify opportunities to encourage the adoption of legislative amendments and
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